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Reply regarding the application of law to cases of waste disposal during the entrustment of solid waste transportation. Qingdao Environmental Protection Bureau: We have received your request titled \"Regarding Penalties for the Disposal or Spillage of Solid Waste During Transportation\" (Qing Huan Fa No. 50). After examination, the reply is as follows: First, the entities that generate solid waste shall be responsible, in accordance with the law, for the transportation of such waste as well as for preventing pollution during transportation. Article 15 of the Law on the Prevention and Control of Environmental Pollution by Solid Waste stipulates that entities that generate solid waste must take measures to prevent or reduce the environmental pollution caused by such waste. Article 31 of this law also stipulates that **a system for the declaration and registration of industrial solid waste shall be implemented; entities that generate such waste must provide the local environmental protection authorities with information regarding the amount of waste generated, its flow, storage, and disposal ； Article 59, paragraph (1), also stipulates the corresponding administrative penalties. In accordance with the aforementioned legal provisions, entities that generate solid waste must, if they decide to dispose of such waste in another location, be responsible for transporting the waste from the place of generation to the authorized disposal site, as well as for preventing pollution during transportation. They are also required to provide the local environmental protection authorities with information regarding the amount of waste generated, its actual route, and the method of disposal, in compliance with the regulations. II. For waste disposal that occurs during the process of entrusted transportation, the legal responsibility shall, in accordance with the law, lie with the entity that generates the waste. The actual transportation from the place of generation to the lawful disposal site can be carried out by the waste-generating entity itself, or it can delegate this task to another party. Under the commission relationship, the establishment of a civil contract between the waste generator and the carrier does not change the status of the waste generator as a party subject to administrative oversight. For any environmental administrative violations that occur during transportation, the waste-generating entity shall bear administrative responsibilities in accordance with the law, and shall also bear legal consequences for the carrier’s transportation activities, including those that take place during the transport process. As the waste generator that entrusts the transportation, it can require the carrier, in accordance with the contract, to assume liability for any breaches committed during the transportation process; however, this constitutes a civil liability relationship between the shipper and the carrier. III. Application of Law to the Issue Raised by Your Bureau Regarding Its Request For Guidance: In dealing with the situation as presented by your bureau, the environmental protection authorities should treat the waste-generating entities as the subjects of environmental administration. For waste-generating entities that dispose of solid waste in another location through transportation, if environmental protection authorities discover that waste is discarded during transportation, they may require such entities to provide accurate information regarding the amount of waste generated, its actual route, and the method of disposal ； For those who fail to file reports as required or engage in fraud when doing so, the environmental protection authorities shall impose administrative penalties in accordance with Article 59, Paragraph (1) of the Law on the Prevention and Control of Environmental Pollution by Solid Wastes. In line with Article 23 of the Law on Administrative Penalties, they shall order the waste-generating entities to correct their illegal activities, including requiring them to file accurate reports and remove the solid wastes discarded during transportation. May 23, 2003. This post was last edited by hw197358 on 2009-3-8 21:10.]